Data in Agreements and Data Sharing: Be exacting in addressing data in agreements

Rachel V. Rose, JD, MBA (Houston, Texas)

Rachel has a unique background, having worked in many different facets of healthcare, securities, cybersecurity, as well as international law and business throughout her career. For over a decade, her practice has focused on transactional, compliance, and litigation matters related to cybersecurity, health care, securities, and Dodd-Frank/False Claims Act whistleblower claims. She has conducted HIPAA Risk Analyses for a variety of domestic and international organizations and represented persons related to government enforcement inquiries and responses on cybersecurity and healthcare related matters. Ms. Rose worked on Capitol Hill when HIPAA passed in 1996 and worked at HHS in 2009 when the HITECH Act was being implemented.

In addition to being extensively published, a sought-after presenter, and quoted expert, Ms. Rose holds an MBA with minors in healthcare and entrepreneurship from Vanderbilt University, a law degree from Stetson University College of Law, and an Executive Certification in Leadership and Negotiation from Harvard Law School. She is also the co-editor of the American Health Lawyers Association’s Enterprise Risk Management Handbook for Healthcare Entities (2nd Edition), as well as a co-author of the ABA’s books The ABCs of ACOs and What Are International HIPAA Considerations?, as well as various chapters in legal and medical books alike.

She has been named consecutively to the Texas Bar College, the National Women Trial Lawyers Association’s Top 25, Houstonia Magazine’s Top Lawyers (healthcare), the National Trial Lawyers Association’s Top 100, SuperLawyers (healthcare), as well as 1st Healthcare Compliance’s 2019 and 2022 Top Presenter. Ms. Rose is also an Affiliated Member with the Baylor College of Medicine’s Center for Medical Ethics and Health Policy, where she teaches bioethics.

I. Noteworthy News | 2:10pm – 2:25pm

II. Agreements involving data use in different sectors | 2:25pm – 3:10pm

Break | 3:10pm – 3:20pm

III. My client is in a sector considered critical infrastructure – what needs to be included? | 3:20pm –3:35pm

IV. Healthcare agreements – the difference between a BAA and Data Use Agreement | 3:35pm – 3:50pm

V. Breaking down the agreement – optimal drafting of different provisions | 3:50pm – 4:00pm

VI. Litigation considerations | 4:10pm – 4:20pm